O.C.G.A. § 22-3-1 (2019)
Direction and contents of notice of condemnation
When a telegraph or telephone company undertakes to condemn so much of the right of way of a railroad company as may be necessary for the purpose of constructing, maintaining, and operating its telegraph or telephone lines along and upon such right of way, the notice of condemnation provided for in Code Section 22-2-26 shall be directed to the railroad company and shall:
(1) Set out the manner in which the telegraph or telephone company proposes to construct its lines on the right of way of the railroad company;
(2) Fix the time when the hearing shall be had;
(3) Give the name of the assessor selected by the telegraph or telephone company; and
(4) Request the railroad company to select an assessor.
History
Ga. L. 1898, p. 54, § 1; Civil Code 1910, § 5236; Code 1933, § 36-701.
Annotations
JUDICIAL DECISIONS Notice held sufficient. - See Savannah, Fla. & W. Ry. v. Postal Telegraph-Cable Co., 115 Ga. 554, 42 S.E. 1 (1902).
Cited in Pye v. State Hwy. Dep’t, 226 Ga. 389, 175 S.E.2d 510 (1970).
RESEARCH REFERENCES Am. Jur. 2d. - 27 Am. Jur. 2d, Eminent Domain, § 433 et seq. C.J.S. - 29A C.J.S., Eminent Domain, § 306 et seq. ALR. - Right of carrier to discriminate between telegraph or telephone companies, 60 A.L.R. 1081. Compensation for, or extent of rights acquired by, taking of land, as affected by condemnor’s promissory statements as to character of use or undertakings to be performed by it, 7 A.L.R.2d 364. Admissibility, in eminent domain proceeding, of evidence as to price paid for condemned real property during pendency of the proceeding, 55 A.L.R.2d 781. Admissibility, in eminent domain pro-
ceeding, of evidence as to price paid for condemned real property on sale prior to the proceeding, 55 A.L.R.2d 791. Right to condemn property in excess of needs for a particular public purpose, 6 A.L.R.3d 297. Eminent domain: validity of appropriation of property for anticipated future use, 80 A.L.R.3d 1071. Applicability of zoning regulations to projects of nongovernmental public utility as affected by utility’s having power of eminent domain, 87 A.L.R.3d 1265. Eminent domain: recovery of value of improvements made with knowledge of impending condemnation, 98 A.L.R.3d 504.